Bourke and Bourke

In *Bourke & Bourke*, the Family Court of Australia considered competing applications for interim property and spousal maintenance orders between Mr Bourke (the husband) and Ms Bourke (the wife). The proceedings also involved applications concerning parentage DNA testing and the prosecution of separate Supreme Court of Queensland litigation.

The court was required to determine whether to grant interim orders for parentage DNA testing, the sale of the husband's shares, notice of property transactions, and spousal maintenance. Additionally, the court had to consider the husband's application to stay the Family Court proceedings pending the finalisation of the Queensland Supreme Court proceedings and the wife's applications for various injunctive orders restraining the parties from dealing with assets.

Stevenson J made orders by consent for parentage DNA testing in relation to three individuals, B, C, and D, and for the parties to prosecute the Queensland Supreme Court proceedings expeditiously, with the husband to bear the costs. The husband was ordered to sell his shares as soon as reasonably practicable and pay the net proceeds to the wife, with the characterisation of these proceeds reserved for the trial judge. The husband was also required to provide the wife with 14 days' written notice of any transactions concerning a specific property in New South Wales. All other applications for interim orders were dismissed.